CallCenterEmployee wrote:Please help me!
I started paying my monthly down payment on July 2012 for a property located at Cambridge Village Cainta, Rizal. Due to some financial difficulty, I can no longer pay my monthly dues. How will I stop paying? I already issued PDCs . I did not signed ang contract yet. And the property has not been turned over.
What will I do to stop my payment. Can I also get a refund? How long would it take before I can get a refund?
A few questions:
1. Were you able to make 24 payments continuously?
2. If not, when was your last payment?
3. Your PDCS, were any of them unfunded? (May tumalbog ba na check?)
How long is your equity/downpayment period?
To legally stop payment, you have to write the developer AND write HLURB. And you have to write BEFORE you stop payment. IF the developer has written/sent you notices of cancellation, your letter (to stop payment) will not be honored, even by HLURB because the notarized notice of cancellation would have taken effect already. You probably signed a Reservation Agreement, NOT a Contract To Sell, so it is still valid.
IF you were able to write a letter before you stopped payment AND you gave at least 24 equity payments, you MAY be able to get 50% of your payments excluding penalties, under Maceda Law.
IF your payments have lapsed, say three to six months, and your checks have bounced (maybe even closing your account), YOU are not eligible for a refund (since your account would be cancelled and all payments forfeited) and may even be liable under BP22 (Bouncing Checks Law).